The Research On The Legal Issues Of “The Commercial Use Of Dwelling House”

“The commercial use of dwelling house” refers to the behavior that the owner changes the dwelling to use the management.The emergence of the phenomenon is closely related to the development of social economy.At the beginning of the house reform,as the commodity is not yet developed,so the market demand for the operating house is to high.However,along with the development of economy and the acceleration of urbanization,the demand for commercial housing increasing with the rising passion of entrepreneurship and the dense population.Due to the higher price of operating room than residence room,a large number of entrepreneurs will choose to operate in residence to reduce the venture equity.The phenomenon of “The commercial use of dwelling house” has become more and more common.Because the system was not improved,and the legal sense was weak,as well as the demand of housing was not high,a series of problems did not appear.With the high-speed development,human being is no longer satisfied with a simple room,but people begin to pay attention to the good environment and comfortable living atmosphere.At this time,followed by increasing conflicts and social contradictions,a series of disadvantage begin to appear.So it is necessary to regulate through law.Before the publish of property law,it did not form a unified provision of “The commercial use of dwelling house” in China.Along with the publish of property law in 2007,it took an end to this mess.Article seventy-seventh of the property law stipulates that the owner are allowed to “ living to business”,when they keep the law and management statute,and gain the agreement of the manner of consent.The supreme people's court about building differentiation ownership disputes the concrete in the interpretation of article 10,article 11 on the supplement,The tenth stipulate the rights relief of the manner of consent and the “One vote veto system”,the eleventh stipulate the range of the manner of consent,including the owners of the building and the owners that claim right is damaged.However,these are still many problems in the existing system of “The commercial use of dwelling house”,including that : As the stakeholders of the building are in a wide range of,it should be redefined from three aspects : owner identity ?the damage of rights and causal relationship;As the identification standers of these stakeholder,who are not in same building as holder of “The commercial use of dwelling house”,are too abstract,so it should set a more object standard;As “One vote veto system” is not reasonable,it should be combined “One vote veto system” with the majority to vote;As the manner of consent is not clearly defined,it should be clarified;Though the mercantilism are divided into different management classes,these are not all allowed to change,it should be expressly prohibited in the form of law and administrative regulation;As it is not defined about the administrative and approval in the existing system of “The commercial use of dwelling house”,it does not need approval of the land and the planning department in order to comply with development,but the need for housing change registration.Though there are a lot of problems in the existing system of “The commercial use of dwelling house”,the existing system will be improved as with the improvement of laws and regulations.